Flight delay and cancellation compensation, Easyjet ONLY

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  • marksct
    marksct Posts: 9 Forumite
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    edited 14 September 2018 at 8:41AM
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    Hi - we have submitted for compensation for a 3+ hour delay on our flight from Gatwick to Nice. It has been rejected for the following reason:

    To further explain what happened on the day; there were air traffic control restrictions across Europe substantially regulating air space en route, resulting in long delays as flights queued for air space ‘slots’ to operate, sometimes several hours. This flight was particularly affected by air traffic arrival delays into London Gatwick due to capacity and delays over the Marseille region due to staffing and capacity issues. We do take reasonable measures to avoid delays and cancellations to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as the delay was as a direct result of air traffic control restrictions across Europe.

    Does anyone have any idea whether it is worth appealing? It costs £25 if unsuccessful, but can't find any indication of whether this reason for refusal is valid...

    We didn't get on the plane until more than 3 hours after our departure time, so the delay was not just due to the situation on our flight - we were told via the Easyjet app at least 12 hours ahead of time that the flight would be delayed (the estimated delay got steadily longer throughout the day!). So it seems that the delay was a result of earlier flights being delayed, and was not specific to our flight. In fact, once on board our flight it was very quick. This seems like we should be entitled to compensation to me, as the delay was due to multiple delays on earlier flights?

    It may be worth noting that I know that at least some of the delay was because when the flight before us arrived at Gatwick, we had to wait while a passenger who needed assistance was taken off the plane - the assistance at Gatwick did not turn up on time. Having said this, we might just have been 3 hours late without this.

    Thanks a lot
  • jpsartre
    jpsartre Posts: 4,085 Forumite
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    I suspect CEDR will favour easyJet. A small claims court judge may be more sympathetic to you. Keep in mind that the key question is whether easyJet could have taken reasonable steps to prevent your delay. If there were ATC restrictions in the relevant air space it's not a guarantee that a replacement aircraft/crew would have enabled you to get to your destination any quicker.
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    what date was your flight?
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    marksct wrote: »
    Hi - we have submitted for compensation for a 3+ hour delay on our flight from Gatwick to Nice. It has been rejected for the following reason:

    Does anyone have any idea whether it is worth appealing? It costs £25 if unsuccessful, but can't find any indication of whether this reason for refusal is valid...

    Thanks a lot

    Hi marksct,

    CEDR only seem to charge a fee if the claim is vexatious or deliberately pointless. I don't know of any cases where a failed claim has resulted in a charge, so don't let that put you off referring to CEDR.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • OogieBoogie
    OogieBoogie Posts: 7 Forumite
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    edited 14 September 2018 at 4:24PM
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    Hi all,


    Me, the wife and our 3YO daughter were stranded at Asturias back in June when our EasyJet flight home was cancelled because of fog.

    Expenses and compensation claims were were made as soon as we arrived home via their website. They refused our claim for EC261 compensation because the cause was weather conditions.

    They employed various tactics (or is it just incompetence?) to try to put us of claiming expenses (including losing the documents we submitted to support our claim for expenses) cancelling the claim (twice) but finally through sheer dogged perseverance on Aug 31st they sent an email saying:

    "We have reviewed your claim and are pleased to say that we have reimbursed you for the below expenses."

    and on the line below that payment would be made within 14 days.
    I expect no one here will be surprised to hear that 14 days elapsed and no payment has been received.

    Yesterday I used their help chat app to chase up the payment and now they say the it is being fast-tracked and should take 3 - 4 days. I fully expect that this time will also elapse without the payment being sent to my account.

    Does anyone have any ideas how to get them to pay up?

    Next question, is it worth trying to pursue the claim for EC261 compensation?
  • JPears
    JPears Posts: 5,086 Forumite
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    If the was fog at your airport delaying or cancelling your incoming or actual flight home then probably no compensation due. But, how long were you delayed due to the cancellation. If you don't get payment within 3-4 days send an email marked as NBA with your case reference etc giving 14 days. Then send court papers in.
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  • oxuk85
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    Hello all,

    Quick question for those of you whom have been successful with their delay flight compensation request.

    EasyJetsent me an email on the 4th of August to tell me that my claim had been reviewed and I was entitled to compensation; in this email they mention I need to allow at least 14 days for the money to arrive in my account. It has been over a month but so far I have not received anything.

    Any advise will be much appreciated.

    Thanks,
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    oxuk85 wrote: »
    Hello all,

    Quick question for those of you whom have been successful with their delay flight compensation request.

    EasyJetsent me an email on the 4th of August to tell me that my claim had been reviewed and I was entitled to compensation; in this email they mention I need to allow at least 14 days for the money to arrive in my account. It has been over a month but so far I have not received anything.

    Any advise will be much appreciated.

    Thanks,

    Hi oxuk85,

    Send them a LBA with 14 days notice of court action. See Vaubans guide, details below here, for LBA template etc.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • marksct
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    Caz3121 wrote: »
    what date was your flight?

    Was Friday 31 Aug. Last outbound flight of the day..
    Tyzap wrote: »
    Hi marksct,

    CEDR only seem to charge a fee if the claim is vexatious or deliberately pointless. I don't know of any cases where a failed claim has resulted in a charge, so don't let that put you off referring to CEDR.

    Good luck.

    OK thanks! Might as well give it a try I guess
  • JPears
    JPears Posts: 5,086 Forumite
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    CEDR almost as slow as airlines in response.
    Claim submitted 13/08. Took them until 30/08 to decide they wanted more information from me, submitted that day.
    2 days after their own deadline of 13th Sept, not a dickie bird, despite a query.
    Experience so far?
    Very Slow process.
    Website very cluncky and not easy to use.
    Poor communication.


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